Study On Tang Law Surrender

The current surrender system in China is becoming scientific and reasonable,a perfect structure contributes to the effect of the generations of legalists.This current system stems from Western Zhou Danasty,quoted from "chanceryKang Patent", "if the transgressors confess their guilt without reserve, you must not put them to the death.".In Qin and Han Danasty, the surrender system is much more matured.In the Qin's law system, surrender is called as "reveal oneself" or "accuse oneself', Han followed Qin's example and improve the surrender system in some degree.If the ciminal surrendered, he would get a lighter punishment or be exenorated.After these period, the surrender system does almost not change,just emended the name from "reveal oneself" to "surrender". In Tang Danasty, the definition,the rule and the structure of surrender had been the most detailed and concrete.Tang Danasty is the booming era of the feudal scociety, and is also a splendid priod in the history of ancient law in China. Especially the code of "tang lv shu yi" systematicly shows the spirit of law and skiilness during the feudal society.The definition of surrender in "tang lv shu yi" is the foundation of the current surrender system in China.And its principled and concrete regulation of surrender sytem is instructive to the current practise.Preliminarily discussing this institution may provide some valuable suggestions for the surrender system in our country.The current surrender system in our country is a bit different to Tang Danasty's.Surrender in the current surrender system is classified into common surrender and special surrender,depending on whether the criminals receive the obligatory active and freedom of the person is restricted.Common surrender has two consititutive elements:the automatic surrender and honest statement of one's criminal.Automatic surrender is a behavior that means in criminals initiatively states one's crinimal acitve after one's criminal active a certain period.On the other hand, the special surrender stipulates that if the criminal who receive obligatory active, accused person and the declared criminal honestly state the undetected evidence to judicial authority, this behavior would be regarded as surrender.Furthermore the verdict of surrender is connected with merit, and the penalty will be based on these two factors.If the criminal does the common merit,the law will alleviate the penalty.If the criminal does a significant merit which make a breakthrough or help solve the cases,the law should reduce the sentence.All of these show the penalty and lenity principle in our socialism rules of law which encourage criminals to surrender and redeem sins by good deeds.By analogy with Tang's law, the current surrender system is more scientific, but some regulations in Tang's law are still conducive and worth discussing and learning.Such as the detailed recognition of the surrender,not only objectively state the surrender behavior,but also subjectively encourage the criminals to put their life in the right direction.The current surrender system only objectively stipulates automatic surrender,but lacking the stipulation in subjective aspect,it does not mention the measurement of how to judge the real redeem of the criminals.We could learn from the related determination in Tang's law to improve the current unmatured surrender system, strengthen the investigation to the criminal in subjective aspect and guarantee the real redemption.And the "Suro" rules in Tang's law is conducive to the measurement of the financial crime.By comparing with and studying the surrender system in Tang's law,we could know more about the essence of the surrender and guide the application of surrender system in judicial practice.